Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-11-17

pointed to visit the schools occasionally for the
purpose of examining into the police thereof, and
| correcting any little Irregularities"
This Joint system OF supporting and managing
| the public schools seems 20 have continued for
Which That s she seboos
| 10 operation and supported by appropriation out
OF the public moneys be tafen under the exclusive
care OF the corporate authority" and that board
OF sven guardians for said schools be annually
| appointed by the council
iaps 'full powers 10 provide for the KEEPING OF
said schools. and to manage the same for the pub
Here again the word panaoe was employed to
convey, generally, grant OF power to the school
guardians; and IL is followed. as In the washing
ton law, by more specific statement OF what was
meant oy The word manage" to wit: The power
40 make bylaws and regulations" and 40 elect
and appoint the respective aud necessary teachers
THE COUNTY
The schools OF the county were organized under
an act OF Congress approved May 20, 1862, which
provided for school board (of seven MEMBERS and
authorized said board
"First. To receive and disburse any fund which
may De provlned ior the purchase OF sites and the
erection ouildings1 and the support OF primary
schools" In the county.
"second. To regulate the number OF children to
be taught in each OF said schools
"Tnird- TO select upon a thorough examina-
ton. such teachers as are competent, giving to
eacn certificate OF qualifications, without when
u
TX their salaries and terms OF service.
Fourth. 10 suspend or expei from any school
any pupil who Will not submit to reasonable rules
OF order and discipline therein.
"rlith 10 prescribe the course Of study and the
text books 70 be Used In the schools; TO regulate
and control the purchase and distribution OF books,
maps, globes stationary, and other things neces-
sary for the same: and generally TO prescribe rules
and regulations for the management OF said
schools.
''sixth. To report TO the legislative assembly at
the close OF each school year," expendil ures num-
statistics as the assembly may require.
seventh. To select, purchase, or otherwise pro-
cure suitable sites Tor school houses; 20 adopt
plans and cause such school houses 10 be built and
kept In repair, and furnish; to supply the same
with necessary fuel" &c. (Rev. stat. ID. c., Sec.
279)
TERRITORIAL GOVERNMENT.
In 1871 Congress repealed the charters OF the
cities OF Washington and Georgetown and
abolished the levy court of the county, and sub
sututed therefor one Government FOR the whole
District; and in section 40 Of the act Of February
"a. 1871 Q6 stat, 42s, making this change, 1t was
"All laws and ordinances OF said cities, respec-
lively, and OF said Levy Court, not Inconsistent
with TINS act, shall remain in full force until
assembly OF the District OF Columbia"
Thereafter, August %, 1871, said legislative as
semby proUided, that
"Ali laws and ordinances Of the portions Of the
District OF Columbia known, respectively, as the
city OF Washington, city OF Georgetown and county
shall be OF full force and effect In each OF id
localities so lar as not Inconsistent with this act"
sc.
In the same act section 80, the assembly pro-
h1bted the payment OF accounts mot approved
and audited as herein provided" and IL was therein
provided THAT all accounts against the board OF
trustees OF public schools, when found correct,
shall be approved by the said board"
TEMPORARY GOVERNMENT.
Under the act Of June 20, 1874, establishing q
temporary government for the District OF Colum-
bia, the Commissioners therein provided for were
"authorized TO abolish any Office to consolidate
two or more Offices" Under this power the Com
mlSsioners consolidated the four school boards
then existing. one for the white schools or WASH
ington, consisting Of twenty members; one for the
white schools OF Georgetown, consisting OF seven
members; one for the cOored schools OF the two
cites consisting OF nine members, and one Tor the
white and col0red schvols Jointly, OF the county,
consisting of seven members. into one board OF
trustees OF public schools, Of nineteen members;
and this consolidated board succeeded to the
powers and duties OF the four boards which they
superseded. subsequently this board was reduced
In number 10 nine members by the act OF Congress
Of July l, 1ssa, c,o stat, l42).
plcable TO the colOred schools and 10 the county
schools (Rev. Stat. u. c., Secs 276 to 82O).
THE PRESENT LAW.
Finally, In 1878, the present law was enacted
which declares that, ''Said trustees (of public
schools) shall have the powers and perform the
duties In relation TO the care and management OF
law"
Whilst the consolidated school board came into
existence clothed with, and for a considerable
period continuing to exercise all the powers OF
former boards, yet by a series OF occasional
time TO time, somewhat interfered Herewith.
These tnterferences were, however, OF such minor
character, and In such fragmentary particulars, as
10 occasion no special discussion. or resistance,
until on December 30, 1885, the present Commits
sioners notified the school trustees THAT they,
and not the trustees are clothed with the authority
creation n
the schools Is TO the selection OF the SUPER
intendent OF schools and his assistants; OF the
lar school, and OF the persons to whom are to be
Entrusted the care OF the school houses. Besides
this the Commissioners have the duty imposed
upon them TO select sites for school buildings to
determine when schOol-hOuseS are needed, and to
erect them wnrn needed, and to fix and determine
the salaries OF teachers"
This order practically superseded the authority
which for eighty years had controlled the public
schools The school trustees were thereby reduced
TO mere advisory agencies OF the Commissioners
who thereafter assumed all the administrative or
governing powers heretofore vested In said trus-
tees. THIS radical departure from the prior meth
necessarily presents two main questions for con-
sideratiOn:
LIST. Whether the order OF the Commissioners Is
based upon authority OF law.
ID Whether such a transfer OF powers from the
trustees TO the Commissioners IS good policy or
IN the management Of public schools other cities
OF the United states.
l..
AS TO AUTHORITY OF LAW.
The Commissioners claim that they are clothed
with all the powers respecting the public schools
which are conferred upon the District authorities
except such as are specifically vested In the board
or school trustees. A3d the powers so vested in
said trustees are prescribed by the statute in these
words:
"Said trustees shall have the powers and per-
form the duties In relation to the care and man
agefnent or the public schools which are now
aulh0rZed Oy law" (Sec D OF act OF June IL, 1881
The Commissioners say shat the terms 'care
and management (as here uSedl have reference to
schools as complete Institutions fully organized
and equipped with teachers, school buildings. and
janitors. When the school is thus a complete in
stitut0n It's care and management is assigned TO
the trustees" (COmrs letter. Jan % 1886; Sen.
MIS-. Doc. No. az, 49th Congress)
In another letter, that OF December 30 1885
they defne "the trim school as embracing
school-house, collection OF pupils, teacher, an
Janitor," and their theory appears to be that a
II can be managed: and as the trustees have on v
the power OF management, the creating part must
necessarily fall TO the Commissioners Therefore
until he Commissioners have provided a room
and collected In IL the pupils and appointed teach
er, and Janitor, the trustees have nothing TO do
because until then no school exists for them TO
manage. As necessary sequence they claim that
this power OF creation involves the power OF con-
tinuance and recreation. As practical result OF
entire executive control OF the public schools is
bodily transferred from the trustees TO the Com
missioners. All independent functions OF an ex-
ecutVe nature previously, and by express recitalS
OF law exercised by the trustees, are in fact de-
stroyed. Such functions are either wholly denied